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TERMS & CONDITIONS
(To view Privacy Policy see below or click here)
PLEASE READ THESE TERMS OF USE ("AGREEMENT") CAREFULLY BEFORE USING THE SERVICES OFFERED BY SHINESTY, INC. ("COMPANY"). BY VISITING THE WEBSITES OR USING THE SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS.  IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS.  IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE NO RIGHT TO USE THE WEBSITE OR SERVICES.  USE OF COMPANY'S SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS.
  
1.     ACCESS TO THE SERVICES.  The www.shinesty.com website and domain name and any other linked pages, features, content, or application services (including without limitation any mobile application services) offered from time to time by Company in connection therewith (collectively, the "Website") are owned and operated by Company.  Subject to the terms and conditions of this Agreement, Company may offer to provide certain services, as described more fully on the Website, and that have been selected by you (together with the Website, the "Services"), solely for your own use, and not for the use or benefit of any third party.  The term "Services" includes, without limitation, use of the Website, any service Company performs for you and the Content (as defined below) offered by Company on the Website.  Company may change, suspend or discontinue the Services at any time, including the availability of any feature, database, product, or Content.  Company may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.  Company reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the Website, or by sending you a notice via email or postal mail.  You shall be responsible for reviewing and becoming familiar with any such modifications.  Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.
 
You represent and warrant to Company that: (i) you are an individual (i.e., not a corporation) and you are of legal age to form a binding contract or have your parent's permission to do so, and you are at least 13 years or age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information.  You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services.  This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions. 
 
2.     WEBSITE AND SERVICES CONTENT. The Website, the Services, and their contents are intended solely for the personal, non-commercial use of Services users and may only be used in accordance with the terms of this Agreement.  All materials displayed or performed on the Services (including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the "Content,") are protected by copyright.  You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. 
The Website and the Services are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws.  You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section 2), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
You may download or copy the Content (and other items displayed on the Website or Services for download) for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content.  You shall not store any significant portion of any Content in any form.  Copying or storing of any Content other than personal, noncommercial use is expressly prohibited without prior written permission from Company or from the copyright holder identified in such Content's copyright notice.  If you link to the Website, Company may revoke your right to so link at any time, at Company's sole discretion.  Company reserves the right to require prior written consent before linking to the Website.
In the course of using the Services, you and other users may provide information which may be used by Company in connection with the Services and which may be visible to certain other users.  You understand that by posting information or content on the Website or otherwise providing content, materials or information to Company or in connection with the Services (collectively, "User Submissions"), Company hereby is and shall be granted a non exclusive, worldwide, royalty free, perpetual, irrevocable, sublicenseable and transferable right to fully exploit such User Submissions (including all related intellectual property rights) in connection with the Services, the Website, and Company's (and its successors' and assigns') business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels; however, Company will only share your personally identifiable information in accordance with Company's privacy policy in effect from time to time and located below.  You also hereby do and shall grant each user of the Services a non-exclusive license to access your User Submissions through the Services, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Services and under this Agreement.  Furthermore, you understand that Company retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you.  For clarity, the foregoing license grant to Company does not affect your ownership of or right to grant additional licenses to the material in your User Submissions, unless otherwise agreed in writing.
You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that Company will not be liable for any errors or omissions in any content.  You understand that Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Services.  Additionally, Company cannot guarantee the authenticity of any data which users or merchants may provide about themselves.  You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Under no circumstances will Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.  
 
3.     YOUR WARRANTY. You warrant, represent and agree that you will not contribute any Content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities and/or sales without Company's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of Company; or (vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program.  Company reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have breached the immediately preceding sentence), or for no reason at all.  You, not Company, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to Company and to grant Company the rights to use such information in connection with the Services and as otherwise provided herein. 
 
4.     RESTRICTIONS. You are responsible for all of your activity in connection with the Services.  Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services.  You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services.  Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited.  You will not run Maillist, Listserv, any form of auto-responder, or "spam" on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Services' infrastructure.  Further, the use of manual or automated software, devices, or other processes to "crawl", "scrape", or "spider" any page of the Website is strictly prohibited.  You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services.  You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
 
5.     WARRANTY DISCLAIMER.  Company has no special relationship with or fiduciary duty to you.  You acknowledge that Company has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.  You release Company from all liability for you having acquired or not acquired Content through the Services.  The Services may contain, or direct you to websites containing information that some people may find offensive or inappropriate.  Company makes no representations concerning any content contained in or accessed through the Services, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.  Company makes no representations or warranties regarding the accuracy of descriptions anywhere on the Services, or regarding suggestions or recommendations of services or products offered or purchased through the Services (including, without limitation, the actual color, texture, size, fit, quality, or use of such products or services).  Products and services purchased (whether or not following such recommendations and suggestions) are provided "AS IS" without any warranty of any kind from Company or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product or service. THE SERVICES, CONTENT, WEBSITE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
 
6.     PRIVACY POLICY. For information regarding Company's treatment of personally identifiable information, please review Company's current Privacy Policy, which is hereby incorporated by reference; your acceptance of this Agreement constitutes your acceptance and agreement to be bound by Company's Privacy Policy.  
 
7.     REGISTRATION AND SECURITY. As a condition to using some aspects of the Services, you may be required to register with Company and select a password and user name ("Company User ID"). If you are accessing the Services through a third party site or service (such as "Facebook Connect"), the Company may require that your Company User ID be the same as your user name for such third party site or service. You shall provide Company with accurate, complete, and updated registration information.  Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account.  You may not select or use as a Company User ID, (i) a name of another person with the intent to impersonate that person; or (ii) a name subject to any rights of a person other than you without appropriate authorization.  Company reserves the right to refuse registration of or cancel a Company User ID in its discretion.  You shall be responsible for maintaining the confidentiality of your password.  If you access the Services through a third party site or service, you will provide your third party account credentials to the Company, and you are consenting to have the information in those accounts transmitted into your Company account, and you agree that you shall only use accounts owned by you, and not by any other person or entity.
 
8.     INDEMNITY.  You will indemnify and hold Company, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity. 
 
9.     LIMITATION OF LIABILITY.  TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU FOR THE SERVICES AND ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICES DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND COMPANY'S REASONABLE CONTROL.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
 
10.     PRODUCTS AND ORDERS; FEES AND PAYMENT. You may choose to purchase products through the Website.  Company may limit or cancel quantities of product purchased, and it reserves the right to refuse any order.  In the event Company needs to make a change to an order, it will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was made.  The prices displayed on the Website are quoted in U.S. currency.  Prices are subject to change at any time.  Company may be required by law to apply sales tax to certain orders, which will be determined based on where you are located and/or what location your order ships to. Company uses a third-party payment processor to process your payment for products you purchase.
 
11.     THIRD PARTY WEBSITES. The Services may contain links to third party websites or services ("Third Party Websites") that are not owned or controlled by Company, or the Services may be accessible by logging in through a Third Party Website, as described more fully in our Privacy Policy. When you access Third Party Websites, you do so at your own risk.  You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Websites relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement.  Company has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Websites.  In addition, Company will not and cannot monitor, verify, censor or edit the content of any Third Party Website. By using the Services, you expressly relieve and hold harmless Company from any and all liability arising from your use of any Third Party Website.  
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.  You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.  You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.  If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Company is under no obligation to become involved.  In the event that you have a dispute with one or more other users or third parties, you hereby release Company, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.  If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
 
12.     TERMINATION. This Agreement shall remain in full force and effect while you use the Services.  You may terminate your use of the Services at any time.  Company may terminate or suspend your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership.  Company may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement.  Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease.  All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. 
 
13. EMAIL REFERRAL PROGRAM. By participating in our email referral program, you warrant that you will not refer fake email addresses. You also warrant that you will not sign up for the referral program using other email addresses that do not belong to you. We monitor IP address and use a double-opt in email system so we can see when a user is violating the rules of the email referral program. Company has the right to refuse service and prizes to users suspected of violating the terms of the referral program. 
14.     MISCELLANEOUS.  The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder.  Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference).  If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.  This Agreement is not assignable, transferable or sublicensable by you except with Company's prior written consent.  Company may transfer, assign or delegate this Agreement and its rights and obligations without consent.  Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.  No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Company in any respect whatsoever.  Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.
 
15.     ARBITRATION; GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Boulder County, Colorado, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.  Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.  For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the District of Colorado.  
 
16.     COPYRIGHT DISPUTE POLICY.  Company has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf).  The address of Company's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this Section.  It is Company's policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders. 
 
A.     Procedure for Reporting Copyright Infringements:
 
If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
 
1.     A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been  allegedly infringed;
 
2.     Identification of works or materials being infringed;
 
3.     Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of  finding and verifying its existence; 
 
4.     Contact information about the notifier including address, telephone number and, if available, email address;
 
5.     A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright  owner, its agent, or the law; and
 
6.     A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
 
B.     Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
 
It is Company's policy:  
1.     to remove or disable access to the infringing material;
 
2.     to notify the content provider, member or user that it has removed or disabled access to the material; and
 
3.     that repeat offenders will have the infringing material removed from the system and that Company will terminate such content provider's, member's or user's access to the Services.
 
C.     Procedure to Supply a Counter-Notice to the Designated Agent: 
 
If the content provider, member or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider, member, or user, must send a counter-notice containing the following information to the Designated Agent listed below:
 
1.     A physical or electronic signature of the content provider, member or user;
2.     Identification of the material that has been removed or to which access has been disabled and the location at which the  material appeared before it was removed or disabled;
3.     A statement that the content provider, member or user has a good faith belief that the material was removed or  disabled as a result of mistake or misidentification of the material; and
4.    Content provider's, member's or user's name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the  content provider's, member's or user's address is located, or, if the content provider's, member's or user's address is  located outside the United States, for any judicial district in which Company is located, and that such person or entity  will accept service of process from the person who provided notification of the alleged infringement.
 
If a counter-notice is received by the Designated Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days.  Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company's discretion.
 
             Please contact Company's Designated Agent to Receive Notification of Claimed Infringement at the following address:

Shinesty, Inc., c/o Designated Infringement Agent, 1990 57th Court North, Unit A, Boulder, Colorado, U.S.A., 80301.

 
16. CONTACT. If you have any questions, complaints, or claims with respect to the Services, you may contact us at customerservice@shinesty.com
 
Effective: October 1, 2013
PRIVACY POLICY

Thank you for visiting www.shinesty.com (the “Website”). This privacy and security policy (the “Policy”) explains the information we collect about you, how we use the information, some of the security steps taken to protect the information, and the choices you have to review, revise and/or restrict our usage of this information. This Policy is part of the Terms & Conditions of Use that govern the Website and is binding on all Website users.

If you have any objections to this Privacy Policy, you should immediately discontinue use of the website.

 

What information do we collect and how do we use it?

Shinesty.com collects information from our customers for a variety of reasons, including as part of our ongoing efforts to provide superior customer service, improve shopping experience and to communicate about products, services and promotions. We collect information such as name, telephone number, email, postal address and payment information (“Personal Information”) that you provide to us when you register an account on our site, place an order, participate in a sweepstakes, promotion or survey, write product reviews, post customer-generated photographs and content, or create product collections, wishlists and other user-generated content. We may use this information collected online to process and fulfill your order. We also collect email addresses at various site locations in order to send you necessary order-related messages such as order confirmation and shipment confirmation notices. In addition, we maintain a record of your product interests, purchases and whatever else might enable us or our business partners to enhance and personalize your shopping experience on this or other websites and to send you offers, promotions, or information that we believe may be of interest to you. We also monitor site use and traffic patterns to improve our web site design and the products and services we offer as well as to determine what offers, promotions or information to send to you. 

We also use your Personal Information (like your email or postal address) to contact you with marketing and promotional materials and other information that may be of interest to you (some of which may be sent by a third party service provider). If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or if you do not want us to share your Personal Information with these third party service providers, contact us at customerservice@shinesty.com with "Privacy Policy" as the subject line of the email. 

To serve you better, we may combine Personal Information you give us online, via mobile device, in our stores, or through our customer service call center. We may also combine that information with publicly available information and information we receive from cross-reference with select partners and others. By combining this information, we are better able to communicate with you about our products and services, special events and promotions, and better able to personalize your shopping experience.

Disclosure of Information

Shinesty shares information you provide to us when you participate in a sweepstakes or promotion with those companies with whom we have joined to offer the sweepstakes promotion. We may disclose information about you to other members of the Shinesty corporate family and our business partners. We will also disclose information as we determine to be required by law. In addition, we may on occasion share information with business partners not owned or affiliated with Shinesty who want to market products or services to you.

We do not share credit card or other payment information with third parties except for the purposes of processing payment for products and services you’ve ordered and as required by law. In addition, we may disclose credit card and other information we collect from you with an outside company with which we have contracted for their services to protect against fraud and the unauthorized use of credit and gift cards.

Procedures to review your personal information and to opt-out

You can always update your personal information or opt-out of our mailing lists or other communications from us. If at any time you would like to opt out, simple click the "unsubscribe" link at the bottom of any email. You may also update your information or opt-out by emailing shineon@shinesty.com. Please be sure to include your email address, full name and mailing address.

Business Partners

We contract with outside services to help us and our business partners better understand your use of Shinesty.com. These outside services may use cookies or other technologies to collect various kinds of information for us and our business partners related to your use of Shinesty.com, so that we and our business partners may continue to refine and improve this and other sites for our customers. This includes, but is not limited to uses for measuring advertising effectiveness and targeting advertising. We do not allow these parties to collect any credit card, user name or password information. These services are contractually required to maintain all the information collected for us in conformance with this Policy. As a visitor to Shinesty.com, you may "opt-out" of these types of collection of data.

“Cookies” are bits of information that are automatically stored on your computer. If you do not want to have cookies on your system, you can set your browser to disable them.

We or our partners may use Flash Cookies (also known as Local Stored Objects) or other similar technologies. A Flash cookie is a small data file placed on a computer using Adobe Flash or similar technology that may be built into your computer or downloaded or installed by you to your computer. We use these technologies to personalize and enhance your online experience, facilitate processes, personalize and store your settings. Flash cookies may help our website visitors to, for example, set volume preference associated with a video experience, play games and perform surveys. They help us improve our sites by measuring which areas are of greatest interest to customers. They may be recognized by other sites or by our marketing or business partners. Flash cookies are different from browser cookies and the cookie management tools provided by your browser will not remove Flash cookies. If you disable Flash cookies or other similar technologies, please be aware that you may not have access to certain features and services that make your online experience more efficient and enjoyable.

We also use other methods of automatic collection to determine information about visitors to our website, including the IP address, browser, language preferences, and computer identification numbers. We use the information obtained using these tools to provide better customer service, enhance our product offerings, and detect potential misuse or fraud.

Data and Hosting

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

Secure Shopping

Sensitive personal information contained in orders placed on the Website are encrypted using 128-bit secure sockets layer (SSL) technology.* In order for SSL security to work, you must use an SSL enabled browser. *Secure Socket Layer (SSL) is a technology used by vendors to ensure the security of online business. It negotiates and employs the essential functions of mutual authentication, data encryption and data integrity for secure transactions.

Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect you Personal Information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity, and privacy of any and all information and data exchanged between you and us through the Website cannot be guaranteed; (c) any such information and data may be viewed or tampered with in transit by a third party; and (d) WHEN YOU TRANSFER ANY INFORMATION TO US, YOU DO SO AT YOUR OWN RISK.

If you still have concerns about ordering electronically, feel free to call our customer service line at (720) 323-2325 and place your order over the phone. Have the 8-digit style number, size, and color ready for each item you wish to order. You can also print your shopping basket page and mail it to:

Shinesty, Inc.
1990 57th Court, Unit A
Boulder, CO 80301

Please note that e-mail is not encrypted and is not considered to secure means of transmitting credit card numbers. We will never ask for sensitive Personal Information via e-mail.

YOU ARE RESPONSIBLE AT ALL TIMES FOR MAINTAINING THE CONFIDENTIALITY OF ANY PASSWORD OR OTHER ACCESS INFORMATION.

Note to Kids

If you are under the age of 13, you are not permitted to submit any personal information to www.shinesty.com. Shinesty.com is intended for users who are 13 years of age and older.

Policy Changes

Shinesty may periodically update this Policy including for new, unanticipated uses not previously disclosed. Any changes made will be posted here. By visiting and continuing to use the Website you agree to accept any changes made to this Policy. Please note that this Policy only addresses the use and disclosure of information we collect from you on the Website. Feel free to contact us with any questions about our Policy at customerservice@shinesty.com.

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